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(영문) 대구지방법원안동지원 2020.05.06 2019가단23022
공사대금
Text

1. As to the Plaintiff KRW 27,125,670 and KRW 24,495,00 among them, the Defendant shall pay to the Plaintiff KRW 27,125,670, and KRW 2,630,670.

Reasons

1. Basic facts

A. From May 26, 2018, the Plaintiff entered into a contract with the Defendant for the construction of a new warehouse (hereinafter “instant contract”) on the ground of low temperature storage and new construction of a new warehouse (hereinafter “instant construction”) (hereinafter “instant contract”).

On June 4, 2018, the Plaintiff and the Defendant set the low temperature storage and storage construction as KRW 21 million, and the dry storage construction as KRW 18 million, and the value-added tax was set as KRW 6 million.

B. On June 7, 2018, the Plaintiff suspended the instant construction work.

[Ground] Evidence Nos. 1 and 2, and the purport of the whole pleading

2. Determination

A. Comprehensively taking account of each of the statements in Gap 5, 6, and Eul evidence 4 as to the termination of the instant contract, the purport of the entire pleadings is as follows: (i) the defendant demanded the plaintiff to suspend the instant construction works and to grant and withdraw the instant construction works on June 7, 2018; and (ii) the plaintiff sent a content-certified mail to the defendant on June 25, 2018 after the completion of the instant contract; and (iii) the defendant sent a content-certified mail to urge the plaintiff to proceed with the construction on July 10, 2018; and (iv) the defendant did not take any measures after the completion of the instant construction works on June 7, 2018, other than sending a content-certified mail corresponding to the Plaintiff’s content-certified mail.

According to the above, the Plaintiff accepted the instant construction site on June 7, 2018 upon the Defendant’s request for the discontinuance of construction and the acceptance of scrap, and thereafter, the Defendant accepted such situation and urged the Plaintiff to pay the construction cost, and it appears that the Plaintiff sent content-certified mail on July 10, 2018. Therefore, it is reasonable to view that the instant contract was rescinded by agreement on June 7, 2018.

B. Construction cost of the defendant

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